Before 1 May 2026, a landlord could recover possession from a tenant with no fault on the tenant's part by serving a Section 21 notice — two months' written notice with no reason required. That mechanism is gone. The accelerated possession procedure (which allowed Section 21 claims without a full court hearing) is also abolished.
What remains is Section 8 — a framework of 20 possession grounds, each requiring a specific reason and a specific notice period. Some grounds are mandatory (the court must grant possession if the ground is proven); others are discretionary (the court may grant possession if it thinks it is reasonable). Landlords must now understand this framework to manage their portfolio effectively.
The Section 8 framework — mandatory vs discretionary
Not all Section 8 grounds are equal. The type of ground determines how strong your possession claim is:
- Mandatory grounds: If the landlord proves the ground, the court must grant possession — no judicial discretion. These are the most reliable grounds. Examples: Ground 8 (serious rent arrears), Ground 1A (sale), Ground 1 (own occupation)
- Discretionary grounds: If the landlord proves the ground, the court considers whether it is reasonable to grant possession. Even a proven discretionary ground can be refused if the judge thinks the circumstances don't justify eviction
- Cite multiple grounds on the same Form 3A where possible — gives you a fallback if one ground fails
- Serve Form 3A (the prescribed form from 1 May 2026) on every joint tenant at their last known address
- Wait for the full notice period to expire before filing a court claim
Replacing Section 21 — the most common use cases
Here is what Section 21 was commonly used for and the Section 8 equivalent:
- Selling the property: Use Ground 1A (landlord intends to sell) — 4 months' notice, mandatory. Cannot be used in the first 12 months of the tenancy. Must not re-let within 12 months of the possession order
- Moving back in / family member to occupy: Use Ground 1 (landlord or close family member intends to occupy as principal home) — 4 months' notice, mandatory. Cannot be used in the first 12 months. Must genuinely intend to occupy
- Major redevelopment: Use Ground 6 (landlord intends to demolish, reconstruct, or carry out substantial works) — 2 months' notice, mandatory. Must have planning permission
- Ending a tenancy at end of fixed term (old ASTs): No longer possible — all tenancies are periodic. You must have a Section 8 ground to recover possession
- Portfolio restructuring or simply wanting the property back: There is no Section 8 ground for this. If you cannot use Ground 1, 1A, or 6, you must wait for a tenant-initiated end (tenant gives 2 months' notice) or use an arrears or breach ground if applicable
Ground 1A — possession for sale (the key new ground)
Ground 1A is one of the most important new mandatory grounds — it is the primary replacement for Section 21 when selling:
- The landlord genuinely intends to sell the property
- 4 months' written notice on Form 3A
- Notice cannot expire before 12 months from the start of the tenancy
- Mandatory: if the ground is proven, the court must grant possession
- After the possession order, the landlord must not re-let as a residential tenancy within 12 months — doing so is a criminal offence with an unlimited fine
- Evidence of genuine sale intention: property valuation, estate agent instruction letter, or listing on the market
Ground 1 — possession for own occupation
Ground 1 covers the landlord (or a close family member) wanting to move into the property as their principal home:
- Qualifying family members: spouse or civil partner, parent, child, sibling, grandparent, grandchild, or their spouses/civil partners
- 4 months' written notice on Form 3A
- Notice cannot expire before 12 months from the start of the tenancy
- Mandatory: the court must grant possession if the ground is proven
- Cannot be used if the property was purchased with sitting tenants
- Using Ground 1 as a pretext and then re-letting is a criminal offence — only use this ground if the intention to occupy is genuine
Possession for rent arrears — Ground 8 and 8A
For arrears-based possession, Section 8 was always the route. The thresholds have changed under the Renters' Rights Act:
- Ground 8 (mandatory): Tenant is 3+ months in arrears at notice date AND at hearing date. 4 weeks' notice. Clearing arrears below 3 months before the hearing defeats Ground 8
- Ground 8A (mandatory — new): Tenant has been 3+ months in arrears on 3 or more separate occasions in the past 3 years. 4 weeks' notice. Clearing arrears does NOT defeat Ground 8A
- Ground 10 (discretionary): Any rent arrears at notice date — court has discretion
- Ground 11 (discretionary): Persistent late payment — court has discretion even if no current arrears
- Always cite Grounds 8, 10, and 11 together on the same Form 3A — if Ground 8 falls (arrears cleared), the others remain
Pre-notice compliance — do not skip this
A Section 8 notice served without prescribed document compliance is defective and will be challenged in court:
- Gas Safety Record: served at the start of the tenancy and annually renewed
- EICR: served at the start of the tenancy (valid, within 5 years)
- EPC: served at the start of the tenancy (valid, E or above)
- How to Rent guide: served at the start of the tenancy (correct version for the tenancy date)
- Deposit Prescribed Information: served on all tenants within 30 days of receipt
- Renters' Rights Act Information Sheet: for existing tenants, deadline 31 May 2026
Frequently asked questions
Can I still use a Section 21 notice served before 1 May 2026?+
A Section 21 notice served before 1 May 2026 may still be valid and relied upon in proceedings — provided the notice was validly served, has not expired, and the prescribed documents were served correctly. However, the accelerated procedure is no longer available for any claim, and the court will scrutinise older notices carefully. If in doubt, seek legal advice before relying on a pre-commencement Section 21.
What if I just want the property back with no specific reason?+
There is no longer any ground that allows a landlord to recover possession without a specific reason. If you cannot rely on Ground 1 (own occupation), Ground 1A (sale), or another substantive ground, you cannot recover possession unless the tenant chooses to leave. This is the fundamental shift the Renters' Rights Act 2025 makes — security of tenure is now the default position for tenants in England.
How long does Section 8 possession take compared to Section 21?+
The old Section 21 accelerated procedure could achieve a possession order without a full hearing in approximately 6–8 weeks. Section 8 requires a court hearing — which in 2026 is typically listed 6–12 weeks after the claim is issued. Including the notice period (2–4 months for most grounds), the total process from first notice to eviction is typically 4–8 months. Rent guarantee insurance is strongly recommended to cover rental income during proceedings.
Do I need a solicitor to use Section 8?+
You do not legally need a solicitor for Section 8 possession proceedings — landlords can represent themselves in the County Court. However, the Section 8 process is more complex than the old accelerated Section 21 procedure: prescribed forms must be correct, prescribed documents must have been served, and the correct grounds must be cited. An error at any stage can result in the notice being set aside and the process starting again. For possession claims involving significant arrears or disputed grounds, instructing a solicitor or specialist legal service is recommended.